Crj: 201 Law Enforcement
Constitutional Policing
Constitutional Policing
When an officer of the law violates the law in which it enforces it creates mayhem and they lose the trust of the people. By obeying the laws just like the rest of the United States, they gain the social legitimacy that is needed in communities.
Weeks Vs. United States
Weeks. Vs. The United States was the case where Fremont Weeks filed suit against the United States for illegally entering his home and seizing papers that were used in his conviction of transporting lottery tickets through the mail. While at work one day the police went to his home, found the key to his home, and entered. After searching his room for evidence the police left with articles and papers that were then turned over to the U.S. Marshal’s. Later the Marshal as well as the police came back to his home and were let in by someone else. They left with additional evidence and neither of them had any type of search warrant. (www.casebriefs.com)
The Fourth Amendment of the Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” The main issue in this case was whether or not Weeks’ Fourth Amendment rights were violated.
The biggest thing about this case was the creation of the "exclusionary rule". That means that the evidence that was collected and obtained was in violation of the Fourth Amendment and is now inadmissible in trial. Mr. Weeks’ house was entered while he was not there and there was not a warrant. Anything that the Marshal’s or police found there cannot be used to incriminate him. The Court claimed that without the exclusionary rule, "the protection of the Fourth Amendment… is of no value". The important thing to know about this case is
Constitutional Policing
When an officer of the law violates the law in which it enforces it creates mayhem and they lose the trust of the people. By obeying the laws just like the rest of the United States, they gain the social legitimacy that is needed in communities.
Weeks Vs. United States
Weeks. Vs. The United States was the case where Fremont Weeks filed suit against the United States for illegally entering his home and seizing papers that were used in his conviction of transporting lottery tickets through the mail. While at work one day the police went to his home, found the key to his home, and entered. After searching his room for evidence the police left with articles and papers that were then turned over to the U.S. Marshal’s. Later the Marshal as well as the police came back to his home and were let in by someone else. They left with additional evidence and neither of them had any type of search warrant. (www.casebriefs.com)
The Fourth Amendment of the Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” The main issue in this case was whether or not Weeks’ Fourth Amendment rights were violated.
The biggest thing about this case was the creation of the "exclusionary rule". That means that the evidence that was collected and obtained was in violation of the Fourth Amendment and is now inadmissible in trial. Mr. Weeks’ house was entered while he was not there and there was not a warrant. Anything that the Marshal’s or police found there cannot be used to incriminate him. The Court claimed that without the exclusionary rule, "the protection of the Fourth Amendment… is of no value". The important thing to know about this case is
References: http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/mapp-v-ohio-3/ http://library.thinkquest.org/2760/weeks.htm http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/weeks.html http://scholar.google.com/scholar_case?case=1946214737793111775&q=Silverthorne%20Lumber%20&hl=en&as_sdt=2,15&as_vis=1 |